at "lou dobbs tonight." thank you for being with us tomorrow. it will be a lot of fun. don't miss it. good night from sussex. elizabeth: stocks trending down of a vaccine experts question moderna's success with its covid vaccine but morgan stanley is ballparking eight vaccines, half of those could be ready by the end of the year, the other four next year. this as michigan and new jerseys now saying until we have a vaccine or drug this is the new normal of their state for shutdownses. as republicans seriously ramp up their prone into the obama administration's abuses of power in the trump russia probe. with us tonight, all of this, and much more, indiana senator michael braun, house intelligence ranking member devin nunes, former trump 2016 deputy campaign manager david

bossie and the intercepts founding editor, glen greenwald. glenn greenwald is taking a wrecking ball to msnbc, cnn and other media for what he calls, quote, resistance journalism against trump instead of just reporting the facts. republicans now say the media got played by the obama administration and the fbi with predetermined staged leaks in the trump russia probe and the flynn probe. we've got that and much more. this is happening, senate judiciary moving in its probe firing off document requests about obama officials, demanding the nsa unmask the trump team including president trump, his children, donald, jr. and ivanka trump, jared kushner and more. also this, four dozen obama officials, maybe 53 of them could be subpoenaed by senate judiciary. we have this, house republicans

driving ahead. they want to talk to directly to one of the fbi agents who interviewed michael flynn. also this, a curious email from susan rice saying the obama administration and president obama did things, quote, by the book. it is now declassified. we're going to talk about that, how, anything basically done far from being done by the book. also michael flynn's attorney files a motion to boot, get rid of the judge on the flynn case for egregiously overstepping his authority. a lot of stories here tonight. i'm elizabeth macdonald. "the evening edit" starts right now. ♪ elizabeth: welcome to the show. you're watching the fox business network. welcome indiana senator michael braun. senator, great to have you on. >> hi, liz. elizabeth: senator, you had lunch meeting today with the

president. can you fill us in on what you guys talked about? >> i would say the general tone of the discussion was broad ranging but on on the topic we're talking about, the president is sensing his moment of vindication is coming. there was an exchange between him and lindsey graham, and the president, i think after all he has been through, where he has been harassed from the moment he was elected, through the mueller report that fell flat, through impeachment, that we need to get to the bottom of what was going on, and from what you just mentioned, in terms of the number of individuals, letters, potential subpoenas, this looks like it is the real thing and he threw the gaunt letdown at lunch, stick together on the topic. democrats always do when they come at you, i think it is fully

warranted because the president has been under assault that is impacted the agenda. the agenda has been working wonderfully in terms of the economy, and that's one reason we'll get through coronavirus and economy will get back on its feet but in general that he felt upbeat because finally the dave of reckoning is coming. elizabeth: senate judiciary led by senator lindsey graham they will vote june 4th, to approve subpoenas of potentially 53 obama first quarters. the list is extensive. james comey, john brennan, loretta lynch. demanding who, the nsa unmask the president, his children, donald, jr., ivanka trump, jared kushner, carter page, kellyanne conway and others. usually you unmask if people are talking to foreign governments.

it is unclear if that was happening with these individuals or just unmasking for political opposition purposes. what's your take on that? what is going on here? >> i think we'll have that revealed. i think the big essence of what you said, 53, that is so many, it means it goes deep and broadly into an institution that we should expect differently of it. thank goodness lindsey is bringing it to the forefront. if there are really that many individuals involved, you need to find out, even if it gets down to a small fraction of it, that is significant. the american public ought to be concerned about that. that is really the deep state, kind of run amok and it's time, like i say we get the truth. elizabeth: you know, senator, house republicans led by jim

jordan and devin nunes, they want to get to the bottom of the trump russia probe. jim jordan wants to talk directly to fbi agent joseph pietka. he interviewed michael flynn. somehow the notes are not anywhere to be found. fbi said he did not do anything intentionally misleading conversation. fbi wanted to drop the case. peter strzok and seventh floor wanted to keep it open. the question is that now the by the book? we have the curious email from susan rice that obama did things by the book. it is now declassified. james comey and obama were really looking hard and focusing sharply on michael flynn. was any of this, does this sound all of it by the book to you? >> sounds like a rogue mission to me and i think when you put the two and two together as we watched it all unfold, if you recall, it was immediately dismissed as conspiracy theory. no, that has been debunked.

those were the two dismissal statements you would hear that never did make sense and there was so much going on in the process of trying to get at the origins of it. i knew from just talking to lindsey and a few other committee chairs that it was going to happen. i think the fact that it has taken this long, maybe that means they're just marshaling the case to make it effective. my discussion with lindsay would have been, probably back in december or january. things never move quickly around here to begin with, but, no, i think it is more than not just following the book or getting out of line. i think that was revealed with horowitz's, you know, initial pass on it. i'm also interested to see -- elizabeth: yeah. >> where durham goes, because the justice department will be weighing in as well. i think this will all be

converging in a way. it will make a clear case. see that is it was a rogue mission to go after the president which looked like it had the foundation from right after he was elected in terms of how it was going to be orchestrated. never imagined that something like that could be done in this country. we need to get to the bottom of it. elizabeth: you know, senator, you know, the question about whether susan rice is right that things were done by the book, you know, you could see the pushback on that was by the book to have a steele dossier with russian disinformation in it used to launch fisa wiretaps and the trump russia probe, was it by the book to leak information to the media to get basically the special counsel, robert mueller appointed. was it by the book to leak information to the "washington post" to set the stage for flynn's interview that the fbi initially wanted shut down but, then they set up a potential perjury trap for him, was that by the book?

>> that stuff is all by the book. you know i think we need a new book, and that again would be a talking point where, to be honest, this was getting no traction other than in a place or two and when i talked to the folks that have brought it to this point especially lindsey, he said, it will happen. we'll get there. i didn't think it would end up being early june but i think when you got to pry as hard as he apparently will have to pry, the preparation to do it, it doesn't surprise me. and i think better now than having it just pass because it would have been a travesty. elizabeth: but how do you hold people accountable? >> well, i mean, i think, it is going to, there is going to be a little accountability going on in early november and whether this will end up in anybody

getting prosecuted, who knows. i think if the story is told well, it will make pa big difference at the ballot box. i think for president trump, that will be the real vindication because he never should have had headwinds like this working against him when there has been so much definable that he has put into motion in terms of changing this place with all the business as usual that was part of the everyday way things work here before he came on to the scene. elizabeth: senator, great to have you on and come back soon. >> thank you. elizabeth: be sure to catch the fox business, "america works together" virtual town hall, this coming thursday may 28th at 11:00 a.m. eastern time, with hosts stuart varney. he will be joined by best-selling author and radio host david ramsey and much more. stuart varney is terrific. he is a great anchor.

send your video questions to investedinyou@foxbusiness.com. you know what? they might answer them during this special. be sure to tune in. coming up we have the intercepts founding editor, glenn greenwald, he is now taking a sledgehammer to what he calls quote, resistance journalism. reporters not just reporting the facts. he is calling out cnn and msnbc last three years pedaling ultimately discredited conspiracy theories of trump russia collusion but they didn't have any one on their airways who would disagree with them. glen greenwald is coming up later in the show. the only fda-approved, once-daily 3 in 1 copd treatment. ♪

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♪ elizabeth: to the news as senate judiciary led by chairman lindsey graham may soon subpoena 53 obama officials connected to the fbi potential surveillance issues with the trump calm pain. they want the supreme court to let them see secret jury evidence from the mueller probe. taking on obstruction of justice. we welcome to the show house intelligence ranking member, congressman devin nunes. great to have you on, congressman. >> great to be with you, thanks

for having me. elizabeth: sir, house republicans have been doing, you've been doing your own probe for three years, no referrals for obama or joe biden. ag barr says he doesn't expect to see criminal referral charges, criminal referrals. who have you made your own criminal referrals for? >> i will not get into specific names and i have had a long-standing policy of that because i don't think it is appropriate. i think we have to have a strong justice system in this country and what i have talked about is i have talked about what we did refer for. so we have two conspiracy referrals. we have one referral on specifically on a set of leaks. we have another referral on leaks. then we have a couple other referrals on lying or misleading congress. so that's the breath of the referrals. i also expect, now that a lot of people have been able to read a lot what has been declassified over the last couple months, i

do expect to have referrals on what i call the mueller dossier team who put together a two-part fantasyland story and then also indicted people from that. so i expect to have some indictments on that also at some point. i'm sorry, referrals. elizabeth: the, i hear what you're saying. the, the conspiracy referrals, can you explain just in general terms. i know you can't get into specifics, i understand that you can't names, what is it about conspiracy here? >> there are two specific ones. the question is, what did people conspire to do? so if you look at he do fraud the united states is a good one. lie and mislead congress, obstruction of justice, civil rights violations. so people conspired to do that in two different areas, from our perspective, from our investigation.

one was, for the purpose of, they manipulated, they conspired to manipulate intelligence to break all of those laws. that refers to everything from the intelligence community assessment to other things that were done. on the other side we, they conspired to abuse the fisa system, the system that we use in this country to target criminals or terrorists or people that are trying to steal our nation's secrets, and that's the other referral. so very similar referrals but kind of two different areas that we have been investigating over the years. elizabeth: you know the breaking news, the full text of susan rice's email to herself where she said early january 2017 meeting, that that meeting that obama did things by the book, it has been declassified. it shows james comey suggested obama and his officials not scharre information related to russia with michael flynn. what is your take about the new

information about this email? >> i would say first, why was this classified to begin with? why wasn't this made public? it took ambassador grenell, the acting director of intelligence to actually come forward to declassify this this is something we've wanted to see for a very long time. secondly, if you really read it closely, it is actually exculpatory, right? because comey admits to obama, according to, if you can believe anything they say which is a whole another question, if you read the fine print it is actually exculpatory on general flynn. they admit they didn't have anything. when you go to things that we actually do know, that are factual, the day before there was, the day before the meeting, remember the email is from two weeks later which is,s that's a strange circumstance in of itself but you go back to january 4th, 2017. the fbi agent who was in charge of the flynn case had wrote a

closing communication and was prepared to file it. then you had the dirty cops start to call to stop that, that closure from happening. then you have the ultimate interview of general flynn, i believe on january 24th in the white house where that 302 that congress had been briefed on, we had had other people tell us about the existence of it, that 30, for your viewers that is a report fbi agents do after every meeting. that 302, there was one and it has gone missing. we look at hard evidence we know exists it will be tough to really get away from, hopefully once indictments come forward. with that said, you know the purpose of that email i don't know but, clearly it was exculpatory on general flynn. clearly, and also you have to look at was comey lying to the

president at that time because there was no information that would say that general flynn was any type of, you know, shouldn't even be hinted there was anything that general flynn could possibly do that won would be concerned about in the u.s. government. elizabeth: quickly, can you give us a general feel about your referrals, about lying and also referrals about leaks. >> yeah. you know, let me go back to what you just, your first question on obama and biden. i don't want people to think that obama and biden are innocent. in fact i think they're, i think they're very much involved in this. i think they knew a lot about it but just because knowledge about it doesn't necessarily mean that they were in on it. did they break any laws. that is really what we're trying to get to the bottom of. i feel very confident durham is

doing the job we expect him to do. elizabeth: all right. congressman nunes, we ran out of time there. will you come back on? we love having you on. come back soon. >> thanks so much for the invite. i would be glad to come back on. elizabeth: sure, terrific. we'll have you on. coming up later in the show republicans and media critics increasingly say the media did get played by the obama administration and the fbi. they leaked to the media in order to fuel, and power ahead the trump russia probe even though there was a lot of problems in that probe and it also happened in the prosecution of michael flynn, a lot of problems there we're bringing in former doj official tom dupree and how this happened and can it be stopped from happening again. the story next. - [announcer] we've all seen it.

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♪. elizabeth: welcome back. republicans increasingly say the media got played by the obama administration and the fbi in the trump russia probe and the flynn probe. that the media has no rear view mirror on accountability for anyone in this and that their job is not to pick sides and hope for the narrative that they or anyone else wants and now this, republican jim jordan of ohio and mike johnson of louisiana said last night

because fbi director christopher wray, quote, has declined to respond to their may 4th letter, for information about the missed prosecution of the fbi about the flynn case, they did send a letter directly to fbi agent joe peencan. he sat down with peter strzok to interview michael flynn in early january 2017. let's bring in former assistant director, excuse me, former assistant attorney general tom dupree. tom a lot of stuff going on here. can you break it down? >> absolutely, liz. you're so right. there are a lot of moving parts here. the thing you just mentioned to me is one of the most extraordinary aspects to all of this. that house republicans made a request to christopher wray of the fbi, asking permission to interview and testimony from the fbi agents. way never responded to the letter. what is extraordinary move in my

judgment, the house republicans saying if the director will not respond directly to our letters, we'll ask the fbi agents themselves and come over to capitol hill to tell their story. elizabeth: tom, here is what is going on. in about february 2017, cnn and the "washington post" and other media reported that michael flynn did not mislead fbi agents in that interview. remember the fbi initially wanted to shut the flynn case. peter strzok said no to the case agent, keep it open, the seventh floor, powers that be want to keep it open. then they went over there. flynn did not have a attorney present. they circumvented the white house general counsel's office, to do the interview, debated not giving him his miranda rights, debated saying, what is the goal here? get him to lie. now jim jordan and mike johnson want to talk to bill priestap.

he is the fbi guy who wrote those notes, what is the goal here, to get him to lie? susan rice says everything was done in the obama administration by the book. does this sound by the book to you? >> there were a lot of deviations from what i would consider the book. an excellent example of this you need to look no farther of the words of jim comey who admitted the way the fbi agents interviewed flynn deviated from the way it is normally done. comey admitted it was a stunt he couldn't have pulled with any other administration. he thought he could get away with it. he did in fact get away with it with incoming trump administration. normally give the white house heads up that the fbi is at the door but comey didn't do that in this case. elizabeth: tom, house judiciary ranking member jim jordan says the obama administration purposely leaked, made key leaks to the "washington post" to set the stage to get flynn

prosecuted. those leaks came a day before the fbi interviewed flynn at the white house to try to corner michael flynn. "the washington post" asked in a day earlier story whether flynn, quote, violated the spirit of the logan act, 1799, hardly anyone has been prosecuted under that old law. is it by the book for the obama administration to repeatedly leak, they leaked basically, you know, to "the washington post," the fbi leaked to the media constantly throughout the trump russia crossfire hurricane probe s that by the book? >> it is not by any book i'm aware of, liz. the fact is these unmasking requests are extremely common, but at the same time it is very sensitive information, that when you get a transcript of a conversation unmasked, that in and of itself is almost always classified information and what seems to have gone on here is a very dangerous combination of unmasking and leaking, where you would get the information and pass it along to favorable

reporters -- not by any stretch of the imagination. elizabeth: tom dupree, thanks for coming in. really appreciate it. >> thank you, liz. elizabeth: sure. coming up next the intercept founding editor glen greenwald. he is glassing what he calls resistance journalism, saying cnn, msnbc and others you spent three years pedaling ultimately russia conspiracy theories. didn't have on your airwaves who disagreed with you. are you reporters other basically being change agents instead? glenn greenwald joins us next. when you think of a bank, you think of people in a place.

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♪. elizabeth: the intercept founding editor, glenn greenwald in his column published yesterday really went after quote, resistance journalism that has taken over many in the

media in the trump era and we welcome him now. great to have you on, glenn. can you explain what you mean? >> actually comes from a newly-published column by "the new york times" media reporter ben smith who was editor-in-chief of buzzfeed where he raised questions about some of the reporting done by ronan farrow concerning sexual assault cases in the "me too" movement, he said it is part of a broader problem of resistance journalism. as long as you're member of media you can say whatever you want, attack whoever you want, no matter how shabby your methods are and discredited your stories end up being as long as the narrative you're promote something popular among liberal elites on social media and also is targeted at people who are sufficiently hated. so it is a completely fact-free activity that journalism has become, resistance journalism in the trump era where you can gain all kinds of career benefits,

exploding social media following and book sales, as long as you're attacking those hated by media elites as long there touch stone. that can quickly destroy journalism as quickly as much as anything else. elizabeth: you called cnn and msnbc spending three years pedaling ultimately repute eighted russia collusion theories. listen what is going on the airwaves with talk about all of that. let's listen to a few examples. watch. >> they're lies. they are conspiracy theories about michael flynn have also blown up, that poor michael flynn, he was duped. >> president trump and his top aides routinely ignoring the truth and pushing phony conspiracy theories. facts don't seem to matter to the trump administration at all. >> they have been throwing out

these conspiracy theories from day one. every conspiracy theory they have thrown out, really they have embarrassed themselves, they made fools of themselves over the past several years. >> trump talking points and right-wing media conspiracies demolished. elizabeth: so, glenn you have talked about journalists following the loudest voices out there. do these sound like some of the loudest voices? are people getting the facts if they only listen to the loudest voices? >> well, the clips you played are about greatest projection i ever heard in my entire life. i'm somebody who has a lot of profound disagreements with the trump administration on area of policy, how the war on terror being conducted, rolling back corporate tax cuts for the very rich, none of that got any attention because our politics have been drowned for three years by people you and networks

who support them by unhinged conspiracy theories. number one that vladmir putin and kremlin had effectively infiltrated the american government and taken control of the united states through the use of blackmail efforts, financial and sexual blackmail leverage over the president of the united states. a conspiracy theory not only isn't in the mueller report 18 months of searching didn't corroborate, didn't even mention. there was no evidence to support the wild, unhinged claim that the networks recklessly promoted. the other one the trump campaign conspired with the kremlin and russian government to interfere with the 2016 election. robert mueller despite team of highly aggressive prosecutors wanted to put people in prison, did not indict a single american or high level trump official for conspiring conspiring with russia. those networks, "new york times" and "washington post" gave themselves pulitzers for doing it, drowned our political

discourse three years for completely unproven and ultimately discredited and disproven conspiracy theories are claiming that other people are responsible for conspiracy they're remembers and there is zero accountability and zero recognition and reckoning with what it is that they did. elizabeth: you know, the mueller probe, i don't think the mueller report didn't even mention the steele dossier. do you think they should give their pulitzers back as the president said? >> i got pull setzer for reporting things and ended up really discredited i would go in front of the camera and burn it. i won a you pulitzer in 2013 for snow reporting f it turned out after 18 months ever investigation everything we reported was not supported by any evidence, available evidence negated it's true for russian conspiracy i would hang my head in shame. that gets back to your question what resistance journalism is. as long as you promote a narrative popular among that pre-sent of cnn, mean,

"washington post," "new york times," establishment liberalism there is no accountability needed because lies and discredited reports are forgiven on the ground you were doing it in service of the right cause which was undermining the trump administration, as i said i'm no fan of but that doesn't excuse fact-free and discredited journalism. elizabeth: glenn greenwald, you're terrific. can you come back on the show? we love having you on. >> would be glad to come back. thank you. elizabeth: same here. coming up senate judiciary moving fast, talking about a june 4th vote about subpoenas of about 53 obama officials. we also have this. they want to know, led by lindsey graham, why did the nsa unmask the trump children, donald, jr., and ivanka and also more trump officials who likely didn't have anything to do with foreign governments at all in talking to them? that is what unmasking is supposed to be about. former trump 2016 deputy

campaign manager david bossie weighs in on that and much more. stay there. before they worry about their insurance or credit card bills. discover all the ways we're helping members today.

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♪. elizabeth: george washington university constitutional law professor jonathan turley, he's also slamming the media for a double standard. in widely dismissing the growing allegations of abuses of power under the obama administration and the fbi there. jonathan turley is saying, it would have been different if the scenario were the bush administration, say targeting the obama administration for secrets surveillance, leaking to the media but that the media will not do that reporting now because their own coverage would be called into question. let's welcome former u.s. attorney for the district of utah, one of our show's favorites, bret tall man. i want to bret this quote from jonathan turley to you. quote, the media remains fully

invested in the original allegations of trump russia collusion. if obama administration officials were to be questioned now, the media's coverage and their judgment would be placed into question. your reactn?